Legal Question in Criminal Law in California

Re: Motion of Factual Innocence

SOUNDS LIKE WE SHOULD TALK. Larry Wolf

310 277 1707

Re: Factual Innocence

I am unaware of any "form" of this motion for attorneys, let alone for public use, since one would need not only the form itself, but also the procedural information on how to use it (ie, where to file it, who to serve and how, whether a hearing is required and where and what is proper notice for the hearing, etc.) If you want to do it on your own, I suggest just hunkering down at an internet search engine, or, better yet, a trip to your local law library. Western State University and Chapman University schools of law might be best. Ask for publications of criminal defense forms. (Or try this website?)

I have obtained findings of factual innocence with relatively little difficulty, but as I recall, they were a little unusual in that they did not, as you suggest, go to the DA; they went directly to the arresting agency. Furthermore, after the Order is obtained, you must send proper notice of the order to various agencies, including the Dept. of Justice and FBI in order for your Order to have any effect on your life. For my money, I think you're best served by hiring an attorney at the outset. These are generally not that expensive, and well worth the cost. I think of it like me trying to do my own tune-up. It may not be rocket science, but for the time and furstration (and grease under the fingernails) it would take for someone like me, unfamiliar with cars, to do it, it's just worth the cost to leave it to the professionals. But shop around for prices. You have the luxury of not needing to chose the attorney today. If you would like my assistance, don't hestitate to call or email me directly; otherwise, I wish you the best of luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

[email protected]

(800)515-0233 office

(714)612-7865 cell

Re: Motion of Factual Innocence

Thank you for your inquiry.

As Ms. Rubio eloquently put it, there is no motion for factual innocence. At best, this is a researched, written notice, motion, points and authorities and order, that has to be filed, served on the district attorney, and argued at a motion hearing.

A defense attorney can do this for you, including my firm.

I hope that this answer helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.